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IP Australia is an agency of the Department of Industry, Innovation and Science. IP Australia administers intellectual property rights and legislation relating to patents, trade marks, registered designs and plant breeder's rights in Australia. The agency's precursor, the Australian Patent Office, was established in 1904 by the Commonwealth of Australia. Since 1998, IP Australia has been located in Discovery House in Canberra, Australia. In 2007 Discovery House was expanded to include a third wing allowing co-location of all personnel. The new west wing of Discovery House was officially opened on 31 October 2007 by the Governor-General, Major General Michael Jeffery AC CVO MC (Retd). In 2008-9 IP Australia opened a patent examination centre in Melbourne to accommodate 40 patent examiners.IP Australia has been an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for patent applications filed in accordance with the Patent Co-operation Treaty since 31 March 1980. Australia is also a member of the Madrid system for trade marks, the Paris Convention for designs and the UPOV for plant breeder's rights.

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    VIC IP Australia - IP Ownership in a Startup Company?

    Hi, I have a question regarding IP ownership in a startup company. Last year, I got an offer to join a startup company to help them develop software in exchange for a percentage ownership of the company (no salary until we got investment/revenue). The company has a few other people involved...
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    NSW Trademark application amendment & adverse report

    Hi Is it possible to amend the trademark name in the standard application once the adverse report has been issued based on trademark name being substantially identical with other trademark name? If not, can we file a new application with an additional word along with the previous name that...
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    VIC Registering a Trademark in Multiple Fonts and Styles?

    Hi there, I run a very small business as a sole trader, registered under my own name, and I'm looking into trademark registration for use as a business name / brand. My question is regarding the fonts and styling protected under a single trademark registration, i.e. can a single trademark...
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    Franchising agreement and associate's trademark

    (1) A franchise agreement is an agreement: (a) that takes the form, in whole or part, of any of the following: (i) a written agreement; (ii) an oral agreement; (iii) an implied...
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    WA IP Australia Registered Design Stolen - What to Do?

    Hello, I have a design registered with IP Australia and found out that a local company has made an identical copy of my design without permission and is selling it in their shop. In need of any help / recommendation on how to handle this situation. The people who stole my design are not aware...
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    QLD What Happens to a Trademark When Company is Deregistered?

    We have applied to register our company name as a trademark, but have received an initial response that it is in conflict with an existing trademark, although it is in a different but related class (11 vs 37). IP Australia are advising that people searching for the 'product/goods' might be...
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    IP Australia - Should I Disclose IP Dispute on My Website?

    I exposed my ip (not protected by patent and only have an oral agreement) with a company when talking to them for commercialisation. After two years verification of my solutions, the company gained enough information on my IP and their response became very slow and it eventually stopped. They...
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    VIC Intellectual Property Law - Selling a Product Based on Sportsman's Image?

    Hi, The product in question is an air freshener that is designed to look like Dane Swan.The drawing used for the product is an original illustration, however, it is based off an image of the player that can be found on the club's website. Below is a picture of the original image as well as a...
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    NSW Trademark and IP Australia - Avoiding IP Infringement?

    Hi, I am in the process of starting a new business and require some help to ensure that I am not infringing on any IP. In the past I worked for a company that has now been bought over by Oracle a massive company. I quit prior to this acquisition and it has been over a year since I have worked...
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    VIC Trademark Registration - Same Image, Different Positions?

    Hi all, I am in the process of preparing a registration for trademarking a new logo with IP Australia - which is an image and two words. We have two versions of the logo, one is vertical, the other horizontal. All details of the logo are exactly the same, the only difference is the position of...